State ex rel. Gund Co. v. Village of Solon
State ex rel. Gund Co. v. Village of Solon
Opinion of the Court
Chapter 2506, Bevised Code, provides a remedy by judicial review of final orders of administrative boards of municipalities. Belator had an adequate remedy at law by way of appeal to test the claimed invalidity of the zoning ordinance.
The demurrer to the petition is sustained and, it being agreed that such a ruling on the demurrer would be dispositive of the case, the writ of mandamus is denied.
Writ denied.
Concurring Opinion
concurs on the additional important ground that the relator did not file a notice of appeal with the
Under the provisions of Section 2731.05, Revised Code, βthe writ of mandamus must not be issued when there is a plain and adequate remedy in the ordinary course of the law.β
Case-law data current through December 31, 2025. Source: CourtListener bulk data.